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Wednesday, 1 December 2004
Page: 17

Senator GREIG (10:46 AM) —We Democrats will support this amendment, which aims to require that a court take a number of matters into account when deciding whether to exclude a legal practitioner from any aspect of the proceedings on the basis of national security concerns. In particular, the court will be required to consider, among other things, the legal practitioner's period in active practice without previous convictions or adverse findings in disciplinary matters, the legal practitioner's previous experience in handling confidential information and the effectiveness of any confidentiality undertaken. By requiring the court to consider these additional matters, the amendment should help to guard against the wrongful exclusion of legal practitioners from proceedings which have important implications for their clients.